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v) Allowable cost: procedures for determining reasonableness, allowability, and
<br />allocability of costs generally consistent with the provisions of federal and state
<br />requirements.
<br />vi) Source documentation: accounting records that are supported by source documentation.
<br />vii) Cash management: procedures to minimize the time elapsing between the advance of
<br />funds from DISTRICT and the disbursement by GRANTEE, whenever fluids are
<br />advanced by DISTRICT.
<br />C. DISTRICT may review the adequacy of the financial management system of GRANTEE at
<br />any time subsequent to the award of the grant. If DISTRICT determines that GRANTEE'S
<br />accounting system does not meet the standards described in paragraph B above, additional
<br />information to monitor the grant may be required by DISTRICT upon written notice to
<br />GRANTEE, until such time as the system meets with DISTRICT approval.
<br />14. AUDIT /RECORDS ACCESS -GRANTEE agrees that DISTRICT shall have the right to review
<br />and to copy any records and supporting documentation pertaining to the performance of this
<br />Agreement. GRANTEE agrees to maintain such records for possible audit for a minimum of three
<br />(3) years after final payment, unless a longer period of records retention is stipulated, or until
<br />completion of any action and resolution of all issues which may arise as a result of any litigation,
<br />dispute, or audit, whichever is later. GRANTEE agrees to allow the designated representative(s)
<br />access to such records during normal business hours and to allow interviews of any employees
<br />who might reasonably have information related to such records. Further, GRANTEE agrees to
<br />include a similar right of DISTRICT to audit records and interview staff in any contract,
<br />subcontract, or subgrant related to performance of this Agreement.
<br />15. FORFEIT OF GRANT FUNDS /REPAYMENT OF FUNDS IMPROPERLY EXPENDED - If
<br />grant funds are not expended, or have not been expended, in accordance wifll this Agreement, or
<br />if real or personal property acquired with grant funds is not being used, or has not been used, for
<br />grant purposes in accordance with this Agreement, DISTRICT, at its sole discretion, may take
<br />appropriate action under this Agreement, at law or in equity, including requiring GRANTEE to
<br />forfeit the unexpended portion of the grant funds and/or to repay to DISTRICT any funds
<br />improperly expended.
<br />16. COMPLIANCE -GRANTEE shall comply fully with all applicable federal, state, and local Iaws,
<br />ordinances, regulations, and permits. GRANTEE shall provide evidence, upon request, that all
<br />local, state, and/or federal permits, licenses, registrations, and approvals have been secured for the
<br />purposes for which grant funds are to be expended. GRANTEE shall maintain compliance with
<br />such requirements throughout the grant period. GRANTEE shall ensure that the requirements of
<br />the California Environmental Quality Act are met for any approvals or other requirements
<br />necessary to cagy out the ternls of this Agreement. Any deviation from the requirements of this
<br />section shall result in non-payment of grant funds.
<br />17. ASSIGNMENT - No party shall assign, sell, license, or otherwise transfer any rights or
<br />obligations under this Agreement to a third party without the prior written consent of the other
<br />party, and any attempt to do so shall be void upon inception.
<br />I8. WAIVER - No waiver of a breach, of failure of any condition, or of any right or remedy
<br />contained in or granted by the provisions of this Agreement shall be effective unless it is in
<br />writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any
<br />breach, failure, right, or remedy shall be deemed a waiver of any other breach, whether or not
<br />similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
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<br />Contract No. 2008-109
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